Vijay Paswan @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44080 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- BELCHHI District- Patna ====================================================== 1.

Vijay Paswan @ Ajay Kumar Son Of Anandi Paswan R/O Village- Masathu, Police Station- Belchhi, District- Patna.

2.

Niranjan Paswan @ Niranjan Kumar Son Of Chandra Mauli Paswan @ Mauli Paswan R/O Village- Masathu, Police Station- Belchhi, DistrictPatna. 3.

Pawan Kumar @ Pramod Kumar Son Of Mathura Paswan R/O VillageMasathu, Police Station- Belchhi, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Vide order dated 26.09.2022, the anticipatory bail application in respect of petitioner no.1, Vijay Paswan @ Ajay Kumar was permitted to be withdrawn as petitioner no.1 has already been apprehended by the police.

Heard both sides.

The petitioners apprehend their arrest in connection with Belchhi P.S. Case No.57 of 2021, registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.44080 of 2022(3) dt.02-02-2023 2/3 present case. It is submitted that the petitioner no.3 has got one criminal antecedent whereas petitioner no.2 has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and omnibus allegation against the petitioner. It is submitted that similarly situated coaccused, Tirloki Paswan has already been enlarged on anticipatory bail by this Court vide order dated 08.12.2022, passed in Cr. Misc. No.48459 of 2022. It is further submitted that the injuries sustained by the husband of the informant are simple in nature.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the fact that the injuries sustained by the husband of the informant are simple in nature and similarly situated co-accused person has already been enlarged on anticipatory bail by this Court, let petitioners no.2 and 3, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna in connection with Belchhi P.S. Case No.57 of 2021, subject to the

Patna High Court CR. MISC. No.44080 of 2022(3) dt.02-02-2023 3/3 conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T